OA 3215 of 2012. Case: Ashish Kumar Halder Vs Union of India. Armed Forces Tribunal

Case Number:OA 3215 of 2012
Party Name:Ashish Kumar Halder Vs Union of India
Counsel:For Appellant: Balbir Singh, Advocate and For Respondents: S.K. Sharma, Sr. PC
Judges:Vinod Kumar Ahuja, J. (Member (J)) and Air Marshal (Retd) Naresh Verma, Member (A)
Issue:Armed Forces Tribunal Act 2007 - Section 14
Judgement Date:May 22, 2014
Court:Armed Forces Tribunal
 
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Order:

(Regional Bench At Chandimandir)

  1. The petitioner has filed this petition under Section 14 of the Armed Forces Tribunal Act, 2007 for quashing of order dated 8th August 2012 whereby the petitioner was discharged from service w.e.f. 31-12-2012 and further quashing of Para 3 of IHQ MoD (Army) letter dated 11-01-2011 being contradictory to para 2 of the same letter which has no sanctity after revised policy letters on the subject, with a prayer that he be allowed to continue in service for a period of two years from 30th December 2012 to 31-12-2014 as he was found eligible for extension of two years by the Screening Board carried out on 14 July 2011.

  2. Briefly stated the facts of the case are that the petitioner was enrolled in the Army Ordnance Corps on 30th December, 1986. During tenure of his service, he was granted promotion to the rank of Naib Subear (SKT). He remained in SHAPE-I throughout his 24 years and 7 months of service. While serving in the rank of Havildar he was granted two years' extension of service w.e.f. 30-12-2010 to 29-12-2012 as per AOC Records Daily Order Part-II No. 1/0217/0120/2009 dated 26th June 2009. Prior to commencement of extension period of two years, he was further promoted to the rank of Naib Subedar w.e.f. 01-12-2010. His term of engagement in this rank is 26 years of colour service extendable by two years on screening by Board of Officer or 52 years of age whichever is earlier. In the rank of Naib Subedar, he completed his colour service of 26 years on 29-12-2012 and was due for screening during December, 2012 for extension of service terms/age limit by two years.

  3. It is alleged that as per IHQ of MoD (Army) letter No. B/33098/AG/PS 2(c) dated 21-09-1998, his screening was carried out by Screening Board on 14-07-2011 and he was found eligible for extension of two years service w.e.f. 30-12-2012 to 29-12-2014 subject to his remain in SHAPE-1 on the date of commencement of extension period and this recommendation was notified vide AOC Records Daily Order Part-II dated 16th July 2011.

  4. The petitioner was initially placed in temporary Low Medical Category for 'Primary Hypertension' w.e.f. 11-07-2011 and further remained in temporary Low Medical Category w.e.f. 11-02-2012 and subsequently he was placed in Permanent Low Medical Category by the Medical Board w.e.f. 25-06-2012. Due to his placement in Low Medical Category (Permanent) prior to commencement of extension period, he was not entitled for extension beyond 26 years colour service in terms of para 1(i) of Appendix 'B' to IHQ of MoD (Army) letter No. B/33098/AG/PS-2(c) dated 21-09-1998. Consequently, vide order dated 8th August 2012, he was ordered to be discharged from service w.e.f. 31-12-2012(AN). Faced with the situation, the petitioner served a legal notice dated 10-09-2012 (Annexure A-7) upon the respondents, but to no avail. Ultimately he filed the present petition.

  5. On notice...

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